[ACT NO.12 OF 1855]
[27th March, 1855.]
An Act to enable Executors, Administrators or Representatives to sue and be sued for certain wrongs 3
WHEREAS it is expedient to enable executors, administrators or representatives in certain cases to sue and be sued in respect of certain wrongs which, according to the present law, do not survive to or against such executors, administrators or representatives;
It is enacted as follows:-
1. Short title was given by the Indian Short titles Act 1897 (14 of 1897).
2. This Act has been declared to be in force in the whole of India, except Part B States and the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s.3. as amended by A. L. Os. up to and inclusive of 2 A. L. O. 1956.
It has also been declared in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch.; and in the Santhal Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), s.3.
It has been declared, by notification under s.3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:-
|West Jalpaiguri||See Gazette of India ,||1881, Pt.I, p.74|
|The Districts of Hazaibagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899, Pt.I, p.44), and Mânbhum, and Pargana Dhalbhum. and the Kolhan in the District of Singbhum||Ditto||1881, Pt.I, p.504.|
|The Scheduled portion of the||Ditto||1879, Pt.I, p.383.|
|Jaunsar Bawar||Ditto||1879, Pt.I, p.382.|
|The District of Lahaul||Ditto||1886, Pt.I, p.301.|
|The Scheduled Districts of the Madhya Pradesh||Ditto||1879, Pt.I.p.771.|
|The Scheduled Districts in Ganjam and Vizagapatam||Ditto||1898, Pt.I, p.870.|
|Assam (except the North Lushai Hills)||Ditto||1897, Pt.l, p 299:|
|The Porahat Estate in the Singbhum District.||Ditto||1897, Pt.I, p.1059.|
|It has been extended, by notification under s.5 of the last-mentioned Act, to the following Scheduled Districts, namely:-|
|Kumaon and Garhwal||See Gazette of India ,||1876, Pt.I, p.606|
|The Tarai of the Province of Agra||Ditto||1876, Pt.I, p.505.|
It has been extended to the New Provinces and Merged States, see Act 59 of 1949, and to the States of Tripura, Manipur and Vindhya Pradesh, see Act.30 of 1950.
The act has been now extended to the Union territories of-
(i) Dadra-Nagar Haveli by Regn. 6 of 1963 ( 1-7-1965 ).
(ii) Pondicherry by Act 26 of 1988 ( 18-12-1968 )
(iii) Sikkim w.e.f. 1-9-84 –See Gaz. Of Ind. , 1984 Pt. II, sec. 3 (ii) Ext., p. 653 (E)/84.
3. See the Administration of Estates Act, 1925 (15 Geo. V Ch. 23) sec. 26.
2. Death of either party not be abate suit Proviso.
No action commenced under the provisions of this Act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased:
Provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such executors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.